An Affidavit of Cohabitation in the Philippines is usually needed when an unmarried couple wants to prove that they have lived together as husband and wife, most commonly to marry without a marriage license under Article 34 of the Family Code. It is a sworn written statement, signed by both partners and notarized, stating the facts of the relationship: who you are, how long you have lived together, where you lived, and whether there is any legal impediment to marry. Because this affidavit can affect the validity of a marriage, it should be prepared carefully, honestly, and with supporting documents ready.

What Is an Affidavit of Cohabitation?

An Affidavit of Cohabitation is a notarized sworn statement where two people declare that they have been living together as a couple.

In Philippine practice, the phrase is used in two common ways:

Purpose	What it usually proves	Typical receiving office
Marriage under Article 34 of the Family Code	The couple lived together as husband and wife for at least five continuous years and has no legal impediment to marry	Solemnizing officer, church, mayor’s office, judge, or Local Civil Registrar
Non-marriage administrative purpose	The couple shares a household or common-law relationship	Employer, embassy, school, bank, insurance company, barangay, hospital, or private institution

The most legally sensitive use is the first one: using the affidavit as a substitute for a marriage license.

Under Article 34 of the Family Code, no marriage license is necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and have no legal impediment to marry each other. The couple must state those facts in an affidavit before a person authorized by law to administer oaths, and the solemnizing officer must also state under oath that he or she checked their qualifications and found no legal impediment. See the official text of the Family Code of the Philippines, Executive Order No. 209. (LawPhil)

When Do You Need an Affidavit of Cohabitation?

You may be asked for one in situations such as:

You and your partner want to marry in the Philippines without getting a marriage license because you have lived together for at least five years.
A church, pastor, mayor’s office, judge, or solemnizing officer asks for proof of long-term cohabitation before agreeing to solemnize the marriage.
A Local Civil Registrar or wedding coordinator asks for supporting papers before processing a marriage under Article 34.
A foreign embassy, school, employer, insurance company, or benefits office asks for proof that you and your partner live together.
You need to support a claim involving a common household, emergency contact, dependent benefits, or similar administrative matter.

The requirements are different depending on the purpose. For a simple administrative affidavit, the receiving office may only require IDs and proof of address. For Article 34 marriage, the affidavit must be treated much more seriously because a false affidavit can make the marriage vulnerable to being declared void.

Legal Basis Under Philippine Law

Article 34 of the Family Code

Article 34 is the main legal basis for an Affidavit of Cohabitation used for marriage. It requires three important facts:

The parties have lived together as husband and wife.
The cohabitation lasted for at least five years.
There is no legal impediment to marry each other.

This is not a shortcut for couples who simply want to avoid the 10-day posting period for a marriage license. It is a narrow legal exception.

The Supreme Court has repeatedly treated this exception strictly. In Republic v. Dayot, the Court explained that the five-year period is mandatory, must immediately precede the marriage, and must be continuous and exclusive. The Court also held that a false affidavit cannot take the place of a marriage license; if the affidavit lies about the required five-year cohabitation, it is as if there was no valid affidavit at all. (Supreme Court E-Library)

Formal and Essential Requirements of Marriage

Even if a couple qualifies under Article 34, the other requirements for a valid marriage still matter.

Under the Family Code, the essential requisites of marriage include:

legal capacity of the contracting parties; and
consent freely given in the presence of the solemnizing officer.

The formal requisites include:

authority of the solemnizing officer;
a valid marriage license, except in cases where the law allows no license; and
a marriage ceremony with personal declaration before the solemnizing officer and witnesses.

A marriage solemnized without a marriage license is void from the beginning unless it falls within a legal exception such as Article 34. The Family Code also lists void marriages, including those involving parties below 18 years old, bigamous or polygamous marriages, and prohibited relationships. (LawPhil)

Perjury Risk for False Statements

An affidavit is made under oath. If a person knowingly makes a false statement in an affidavit on a material matter, this may expose the person to perjury under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 (2021). RA 11594 increased the penalty for perjury and specifically covers false statements made in affidavits before a person authorized to administer oaths. (LawPhil)

For this reason, never sign an Affidavit of Cohabitation saying “five years” if the real period is only four years and eleven months, or if there were long separations, another spouse, or another partner during the relevant period.

Who Can Execute an Affidavit of Cohabitation?

For Article 34 marriage, the affidavit is usually executed jointly by both partners.

The parties should be:

at least 18 years old;
legally capable of marrying each other;
not currently married to another person;
not within a prohibited degree of relationship;
freely consenting to the marriage;
able to truthfully say they lived together as husband and wife for at least five continuous years immediately before the marriage.

If one party was previously married, a CENOMAR alone may not be enough. The person may need a death certificate of the former spouse, a final judgment of annulment or declaration of nullity, a certificate of finality, and proper civil registry annotations. Under Article 40 of the Family Code, a person generally cannot rely on the supposed nullity of a previous marriage for purposes of remarriage without a final court judgment declaring that previous marriage void.

Step-by-Step: How to Get an Affidavit of Cohabitation in the Philippines

1. Confirm the purpose of the affidavit

Before drafting anything, ask the receiving office exactly what it needs.

For example:

Is this for Article 34 marriage?
Is it only for proof of address or shared household?
Does the office require a joint affidavit signed by both partners?
Does it also require a barangay certificate of cohabitation?
Does it require PSA documents such as birth certificates and CENOMARs?
Does it have its own prescribed template?

This matters because some offices reject generic affidavits if they are missing specific wording.

2. Check if you truly qualify under Article 34

For marriage without a license, ask these questions honestly:

Have we lived together as husband and wife for at least five full years?
Was the five-year period continuous and immediately before the wedding?
Were we both unmarried and legally free to marry during the entire five-year period?
Was there any third party involved during that period?
Are we prohibited from marrying because of blood relationship, adoption, affinity, or a prior existing marriage?

In Republic v. Dayot, the Supreme Court emphasized that the five-year cohabitation must be continuous, unbroken, exclusive, and counted backward from the date of marriage. (Supreme Court E-Library)

3. Gather supporting documents

The affidavit is the sworn statement itself, but in real Philippine practice, offices often ask for supporting documents.

Common documents include:

Document	Why it is useful
Valid government IDs of both parties	Proves identity for notarization
PSA birth certificates	Proves age, name, and parentage
PSA CENOMAR for each party	Supports the claim that neither party has contracted marriage
Barangay certificate of residency or cohabitation	Shows common residence in the barangay
Proof of shared address	Utility bills, lease contract, government records, bank records, deliveries, or IDs with same address
Birth certificates of common children, if any	May support the history of the relationship
Death certificate, annulment decree, nullity decision, or divorce recognition papers, if previously married	Shows legal capacity to remarry

A CENOMAR, or Certificate of No Marriage Record, is issued by the Philippine Statistics Authority and states that a person has not contracted any marriage. The PSA describes it as a Certificate of No Marriage Record or Certificate of Singleness and lists the information needed to request one on its official PSA CENOMAR page. (Philippine Statistics Authority)

4. Prepare the affidavit

A good Affidavit of Cohabitation should include:

full legal names of both parties;
citizenship, age, civil status, and residence;
government ID details;
date when cohabitation started;
addresses where the couple lived together;
statement that they lived together as husband and wife;
statement that the cohabitation was continuous for at least five years, if for Article 34;
statement that there is no legal impediment to marry;
purpose of the affidavit;
signatures of both parties;
jurat or notarial portion.

For Article 34, avoid vague wording like “we have been together for many years.” Use concrete dates and addresses.

Example:

“We have lived together as husband and wife continuously and exclusively from 15 May 2020 up to the present at Barangay ___, City of ___, Philippines, and during this entire period we have had no legal impediment to marry each other.”

Only use this kind of wording if it is true.

5. Sign before a notary public

Do not sign the affidavit at home and simply send it to the notary. Under the 2004 Rules on Notarial Practice, notarization requires personal appearance and competent evidence of identity. The rules define competent evidence of identity to include at least one current identification document issued by an official agency bearing the photograph and signature of the person, such as a passport, driver’s license, PRC ID, NBI clearance, police clearance, postal ID, voter’s ID, GSIS or SSS card, PhilHealth card, senior citizen card, OWWA ID, seaman’s book, alien certificate of registration, government office ID, and similar IDs. (LawPhil)

Bring:

the unsigned affidavit;
original valid IDs;
photocopies of IDs;
supporting documents;
personal appearance of both affiants.

6. Submit it to the receiving office

For marriage under Article 34, submit the affidavit to the solemnizing officer and any office coordinating the marriage.

Depending on the city, municipality, church, or solemnizing officer, you may also be asked to submit copies to or coordinate with:

Local Civil Registrar;
barangay office;
mayor’s office;
church chancery or parish office;
judge’s office;
imam, pastor, priest, minister, or other authorized solemnizing officer.

Remember that the solemnizing officer must also execute a statement under oath that he or she checked your qualifications and found no legal impediment.

7. Keep certified copies

Keep at least two or three notarized originals or certified copies. After the wedding, keep copies of:

the Affidavit of Cohabitation;
the solemnizing officer’s sworn statement;
marriage certificate;
PSA-issued marriage certificate once available;
all supporting documents used.

These may matter later for immigration, benefits, property, inheritance, or if the validity of the marriage is questioned.

How Much Does an Affidavit of Cohabitation Cost?

Costs vary by location and provider.

Item	Typical range
Drafting by a lawyer or document preparer	₱500 to ₱3,000+
Notarial fee	₱200 to ₱1,000+
Barangay certificate	Often free to ₱100+ depending on LGU practice
PSA CENOMAR	Depends on PSA channel and delivery method
PSA birth certificate	Depends on PSA channel and delivery method
Photocopying and printing	Usually minimal

Fees are higher if the affidavit must be customized, reviewed against prior marriage documents, or prepared for foreign use.

How Long Does It Take?

If all documents are ready, the affidavit itself can often be prepared and notarized on the same day.

In practice, delays usually come from:

waiting for PSA CENOMARs or birth certificates;
correcting name discrepancies;
securing barangay certification;
locating annulment, nullity, death, or foreign divorce documents;
getting apostille or consular authentication for foreign use;
clarifying requirements with the solemnizing officer or Local Civil Registrar.

For marriage planning, it is safer to prepare at least two to four weeks ahead, especially if one party is a foreigner or previously married.

Special Issues for Foreigners and Filipinos Abroad

If one party is a foreigner

A foreigner may be asked for additional proof of legal capacity, such as:

passport;
visa or immigration status documents;
Certificate of Legal Capacity to Contract Marriage or equivalent embassy document;
divorce decree, if divorced;
death certificate of former spouse, if widowed;
proof that the foreign divorce is valid under the foreigner’s national law.

Even when a couple claims Article 34, many solemnizing officers and local offices still examine the foreigner’s civil status carefully. This is practical risk management because a foreign divorce, prior marriage, or capacity issue can affect the validity of the marriage.

If documents will be used abroad

A notarized Affidavit of Cohabitation signed in the Philippines may need further authentication for use abroad. For countries that accept apostilles, the document may need an apostille from the Department of Foreign Affairs. The DFA’s Authentication Division provides official information on apostille documentary requirements and the apostille application process. (Apostille Philippines)

For notarized private documents, the DFA commonly requires a Certificate of Authority for a Notarial Act (CANA) from the proper Regional Trial Court before apostille. Requirements can change, so check the DFA or the receiving foreign authority before spending on documents.

If a Filipino is abroad

A Filipino abroad may execute an affidavit before a Philippine Embassy or Consulate, or before a local notary depending on the destination country’s rules. If the affidavit is executed before a foreign notary and will be used in the Philippines, it may need apostille or consular authentication, depending on the country where it was signed.

Common Mistakes That Cause Problems

Claiming five years when the period is short

This is the most dangerous mistake. A couple who has lived together for only a few months or years should not use an Article 34 affidavit to skip the marriage license process.

The safer route is to apply for a regular marriage license, comply with the Local Civil Registrar’s requirements, wait for the posting period, and marry with a valid license.

Ignoring a previous marriage

A person who was previously married should not assume they are free to marry just because they have been separated for years.

Legal separation does not dissolve marriage. A church annulment alone does not automatically dissolve a civil marriage for Philippine civil law purposes. A foreign divorce involving a Filipino may require proper recognition in the Philippines before the Filipino can remarry.

Using a generic template without checking local requirements

Some Local Civil Registrars, churches, and solemnizing officers have preferred wording. Some require barangay certification. Some require the affidavit to mention specific dates, addresses, and the absence of legal impediment.

Before notarization, ask for the checklist.

Not appearing personally before the notary

A notarized affidavit is not supposed to be notarized without the affiants personally appearing and presenting proper identification. A defective notarization can cause rejection or future legal problems.

Confusing cohabitation with common-law marriage

The Philippines does not treat ordinary cohabitation as a full legal marriage. Living together for many years does not automatically make a couple legally married. Article 34 merely allows a qualified couple to marry without a marriage license if strict conditions are met.

Sample Information Usually Included in the Affidavit

A proper affidavit often states:

We are both of legal age and residents of ______.
We have lived together as husband and wife since ______.
Our cohabitation has been continuous and exclusive for at least five years immediately before our intended marriage.
We are not related within the prohibited degrees under Philippine law.
Neither of us has a subsisting prior marriage.
We have no legal impediment to marry each other.
We are executing this affidavit to comply with Article 34 of the Family Code and for presentation to the solemnizing officer or proper office.

The exact wording should match the facts. Do not copy language that is not true for your situation.

Frequently Asked Questions

Is an Affidavit of Cohabitation the same as a marriage license?

No. It is not a marriage license. For qualified couples under Article 34, it is the sworn document used to support the legal exemption from the marriage license requirement. If you do not qualify under Article 34, you generally need a regular marriage license.

Can we use an Affidavit of Cohabitation if we lived together for less than five years?

Not for Article 34 marriage. The five-year requirement is mandatory. If the cohabitation is less than five years, apply for a regular marriage license instead.

Does the five-year period need to be continuous?

Yes. For Article 34, the five-year cohabitation should be continuous, unbroken, exclusive, and immediately before the marriage. Long separations or third-party relationships can create serious legal risk.

Do we still need a CENOMAR?

The Family Code provision on Article 34 does not use the word CENOMAR, but in practice, many solemnizing officers, churches, and local offices ask for PSA CENOMARs to help confirm that neither party has a recorded marriage. It is wise to prepare one unless the receiving office clearly says it is not needed.

Can a barangay issue an Affidavit of Cohabitation?

A barangay may issue a barangay certification that the couple resides together or is known in the community. But the Affidavit of Cohabitation itself is usually prepared and signed by the couple, then notarized. Some barangay officials may administer oaths in limited circumstances, but for marriage and formal legal use, a notarized affidavit is commonly preferred.

Can one partner sign the affidavit alone?

For Article 34 marriage, it is best and usually expected that both parties sign a joint affidavit because both are declaring their cohabitation and absence of legal impediment. For other administrative purposes, some offices may accept an affidavit from one partner, but that depends on the receiving office.

What happens if the affidavit is false?

A false affidavit can create major problems. The marriage may be challenged as void for lack of a valid marriage license exemption, and the persons who knowingly made false statements may face perjury or other legal consequences.

Can foreigners use an Affidavit of Cohabitation in the Philippines?

Yes, but foreign parties may be required to submit additional documents proving identity, civil status, and capacity to marry. Embassies, Local Civil Registrars, churches, and solemnizing officers may have different requirements, especially if the foreigner was previously married.

Is notarization required?

For most legal and official uses, yes. An affidavit is a sworn statement, and notarization confirms that the affiants personally appeared, proved their identity, and swore to the truth of the statements.

Can an Affidavit of Cohabitation prove ownership of property?

Usually, no. It may help show a relationship or shared residence, but it does not by itself prove ownership of land, a house, a bank account, or other property. Property rights depend on titles, deeds, receipts, contributions, marital status, and applicable property law.

Key Takeaways

An Affidavit of Cohabitation is a sworn, notarized statement that a couple has lived together.
For marriage without a license under Article 34 of the Family Code, the couple must have lived together as husband and wife for at least five continuous years and must have no legal impediment to marry.
The five-year period should be continuous, exclusive, and immediately before the marriage.
A false Article 34 affidavit can endanger the validity of the marriage and may expose the affiants to perjury.
Bring valid IDs, PSA documents, proof of residence, and any prior marriage termination documents before signing.
Always check the exact requirements of the solemnizing officer, Local Civil Registrar, church, embassy, or receiving office before notarizing the affidavit.